License or Sale Agreement

This AGREEMENT is between Tiekam, LLC (HorseLogos.com, WE, US, LICENSOR) and CLIENT (YOU, LICENSEE, BUYER) as of the date you selected and made payment for a specific piece of LOGO ART ( LOGO) offered on the HorseLogos.com website.

The Logo you acquired is identified by the unique Item number that appears on the invoice you received when you made your payment to us.

You were given two options at the time of your payment: (1) Commercial License or (2) Exclusive Ownership. The option you chose appears on the invoice you received at the time of your payment.

If you purchased the Commercial License, you and we agree to the following LICENSE terms. You acknowledge that you had adequate time to review this agreement before you made your payment, and that you understand and accept these terms in full:

Commercial License for Logo Art

This one-time purchase of a perpetual Commercial License grants you the right to use the logo art, but not acquire ownership of the copyright for the logo art. We will continue to own the legal copyright to the logo art. Your use of the logo art is non-exclusive. In other words, other businesses may already be using the same art that you licensed, and we will continue to offer the same license to other businesses in the future. You have the right to use the logo art on your website, business cards, stationery, social media, and for most other uses, for one equine-related business (farm, veterinary clinic, farrier, etc).

The Commercial License has these restrictions:

1. You cannot sell merchandise, either online or offline, that contains the licensed logo art. For example, you cannot place the logo art, or any modification or version of it, on a hat, t-shirt, or other product for sale on Etsy or print-on-demand websites, or at flea markets, horse shows, or anywhere else. This restriction prevents two licensees of the same art from selling similar or identical merchandise.
2. Because multiple businesses may be using the same logo art, you cannot claim, apply for, or register a State or Federal trademark that includes the licensed art.
3. You cannot sell, resell, lend, or sub-license the licensed logo art to anyone else for any use. Our license is granted only to you. We always have the right to sell, license, or assign our copyright for the logo art to anyone at any time. Our subsequent sale, license, or assignment will not affect the license or rights you have acquired under this agreement.
4. If you wish to sell products, register a trademark using the logo, or resell your licensed art, you will need to acquire Exclusive Ownership of the logo art. Exclusive Ownership is available only if you are the first and only user of the logo art.

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If you purchased Exclusive Ownership instead of a Commercial License, you and we agree to the following purchase and transfer terms. You acknowledge that you had adequate time to review this agreement before you made your payment, and that you understand and accept these terms in full:

Purchase of Exclusive Ownership

Your purchase of Exclusive Ownership to the logo art immediately grants you full ownership of the legal copyright for the logo art. After your purchase and payment, the ownership of the legal copyright is hereby transferred to you and you may use the logo art in any way you wish. For example, you can use it on merchandise for sale, and you may apply for a trademark. Note: Trademarking a logo is a legal process that usually requires the assistance of an experienced trademark attorney. We are unable to offer any advice, assistance, or assurances regarding any trademark matter.

Representations and Warranties

WE REPRESENT that we own the copyright to the logo art you are purchasing or licensing, and that we have the right to enter into this agreement with you. We otherwise do not make any representations or express or implied warranties about our website or about any item of logo art sold or offered for sale or license.

When you purchase a Commercial License or acquire Exclusive Ownership to logo art from HorseLogos.com, you agree to the following terms:

COMMERCIAL LICENSE TERMS

1. You warrant to us that you have carefully considered the suitability of your choice to purchase or license the logo art and that you have chosen the Commercial License option;
2. You cannot cancel a completed purchase of an item;
3. All transactions are final; once payment is made there are no refunds;
4. We do not promise that any particular item will continue to be available on our website so you should download and save the item as soon as possible;
5. If you have chosen a Commercial License for the logo art, you will receive a non-exclusive license to use the logo art (non-exclusive means others might also license the same logo art). HorseLogos.com retains ownership of the logo art;
6. You warrant to us that you will not use licensed logo art on any products or merchandise offered for sale;
7. You warrant to us that you will not attempt to register a trademark that includes licensed logo art;
8. You agree that the logo art is for your use only. However, you are authorized to provide the art to anyone providing a service to you that requires the art for the performance of their service, such as a graphic designer who will be modifying or adding lettering to the logo art, or a printer or embroidering service;
9. If you are agreeing to these terms on behalf of someone else (like your client or employer) then you are warranting to us that you have the full legal authority to bind that third party.

EXCLUSIVE OWNERSHIP TERMS

1. You warrant to us that you have carefully considered the suitability of your choice to purchase or license the logo art and that you have chosen the Exclusive Ownership option;
2. You cannot cancel a completed purchase of an item;
3. All transactions are final; once payment is made there are no refunds;
4. We do not promise that any particular item will continue to be available on our website so you should download and save the item as soon as possible;
5. If you are agreeing to these terms on behalf of someone else (like your client or employer) then you are warranting to us that you have the full legal authority to bind that third party.
6. Your purchase of Exclusive Ownership to the logo art immediately grants you full ownership of the legal copyright for the logo art. You may use the logo art any way you wish.

LIABILITY AND INDEMNITY

TIEKAM, LLC (HORSELOGOS.COM) IS DEDICATED TO MAKING OUR PRODUCTS AND SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) OUR WEBSITE AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) YOU WILL PRODUCE ANY PROFITS OR FINANCIAL BENEFITS BY USING OUR PRODUCTS OR SERVICES. YOU USE OUR PRODUCTS AND SERVICES SOLELY AT YOUR OWN RISK.

LIABILITY LIMITS: TO THE FULLEST EXTENT PERMITTED BY LAW, TIEKAM,LLC (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, LOGO ART, SERVICES OR THESE TERMS.

FURTHER, OUR LIABILITY TO YOU IN CONNECTION WITH THIS LICENSE OR PURCHASE OR THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:

WE EXCLUDE LIABILITY FOR ANY OF THESE THINGS INCURRED BY YOU: LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, LOSS OF DATA, OR INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE OR EXPENSE, EXCEPT WHERE SUCH LOSS IS CAUSED BY OUR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR INTENTIONAL BREACH OF CONTRACT; AND IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $1000, OR (B) THE AMOUNT YOU PAID US TO LICENSE AN ITEM OF LOGO ART, OR (C) THE AMOUNT YOU PAID US TO PURCHASE EXCLUSIVE OWNERSHIP OF AN ITEM OF LOGO ART, OR (D) THE AMOUNT YOU PAID US IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY.

DISPUTE RESOLUTION

The business headquarters of Tiekam, LLC, is located in Benton County, Arkansas, USA. All parties to this agreement unconditionally consent to submit to the exclusive jurisdiction of the local, state or federal courts (including The United States District Court for the Western District of Arkansas https://www.arwd.uscourts.gov) located in Benton County, Arkansas, as the sole venue and location for any actions, suits, or proceedings arising out of or relating to any aspect of this transaction or Agreement.